Punjab

Sangrur

CC/1270/2021

Prabhpreet Singh - Complainant(s)

Versus

M/s Janta Radio - Opp.Party(s)

Sh. Simranpreet Singh

30 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

                                                                        Complaint No. 1270

 Instituted on:   19.10.2021

                                                                         Decided on:     30.11.2023

 

Prabhpreet Singh son of Balwinder Singh, resident of Village Badrukhan, Tehsil and District Sangrur.

                                                          …. Complainant.     

                                                 Versus

1.             M/s. Janta Radios, Patiala Gate, Sangrur through its proprietor/partner.

2.             Daikin Air Conditioning India Private Limited, 210, 1^st Floor, Okhla Industrial Area, Phase-3, Delhi 110020 through its Managing Director.

3.             Star AC and Refrigeration, Railway Phatak, Near Bus Stand, Patiala Road, Sunam through proprietor/ partner authorized service centre of Daikin Air Conditioning India Private Limited.

             ….Opposite parties 

For the complainant:             :Sh.Simranpreet Singh,Adv.              

For the OP s                         :Exparte.

 

Quorum:    Jot Naranjan Singh Gill, President

                  Sarita Garg, Member  

                  Kanwaljeet Singh, Member

 

ORDER

SARITA GARG, MEMBER

1.             Complainant has filed this complaint pleading that the complainant purchased 1.5 ton 5 star split air conditioner of OP company having model number FTKG50N16U and serial number 0056769 vide bill number 2178 dated 20.5.2020 for Rs.41,500/- from OP number 1, which was having one year warranty and five years warranty on the compressor.  The grievance of the complainant is that on 24.7.2020, the said air conditioner was not giving proper cooling, as such he approached OP number 1 and complained about the less cooling of the air conditioner in question. On asking of the OP number 1 the complainant lodged the complaint on toll free number of OP number 2 and got registered the complaint number 23545167. Thereafter the mechanic of OP number 3 visited the premises of the complainant who thorough checked the air conditioner and changed the outdoor PCB of the said AC. Further case of complainant is that despite changing of the PCB, the cooling problem was again there. Though the complainant lodged so many complaints with the OPs  on 4.8.2020, 14.8.2020, 26.8.2020, 28.8.2020, 8.10.2020, 7.2.2021, 11.2.2021, 29.2.2021, 20.5.2021, the OPs though filled the gas, changed the motor of the said air conditioner one time, but it did not work properly and failed to give satisfactory results. Further case of complainant is that in the last week of May, 2021, the complainant got checked the air conditioner from the expert and also disclosed him regarding the change of various parts, then he stated that there is manufacturing defect in the air conditioner in question. Further complainant has averred in the complaint that he has suffered a lot due to negligence of the OPs. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the Opposite parties be directed to replace the defective air conditioner with a new one or in the alternative to refund to the complainant the amount of Rs.41,500/- along with interest and further to pay Rs.50,000/- as compensation on account of mental agony, tension and harassment and an amount of Rs.11,000/- on account of litigation expenses.

2.             Record shows that the OPs did not appear despite service, as such, they were proceeded against exparte.

3.             The learned counsel for the complainant produced  Ex.C-1 self attested affidavit, Ex.C-2 copy of bill, Ex.C-3 copy of messages, Ex.C-4 copy of expert report and Ex.C-5 self attested affidavit and closed evidence.

4.             The learned counsel for the complainant has argued vehemently that complainant purchased 1.5 ton 5 star split air conditioner of OP company having model number FTKG50N16U, serial number 0056769 vide bill number 2178 dated 20.5.2020 for Rs.41,500/- from OP number 1 vide invoice Ex.C-2, which was having one year warranty and five years warranty on the compressor.  Further the learned counsel for complainant has argued that on 24.7.2020, the said air conditioner was not giving proper cooling, as such he approached OP number 1 and complained about the less cooling of the air conditioner in question. On asking of the OP number 1 the complainant lodged the complaint on toll free number of OP number 2 and got registered the complaint number 23545167. Photostat copy of the text messages is Ex.C-3. Ex.C-4 is the copy of expert report of the expert Ranjit Singh wherein he has stated that the air conditioner in question is suffering from the manufacturing defects, which is beyond repairs.  All the evidence has duly been supported by the affidavit of the complainant. Further it is argued that the mechanic of OP number 3 visited the premises of the complainant who thorough checked the air conditioner and changed the outdoor PCB of the said AC. Further case of complainant is that despite changing of the PCB, the cooling problem was again there. Though the complainant lodged so many complaints with the OPs  on 4.8.2020, 14.8.2020, 26.8.2020, 28.8.2020, 8.10.2020, 7.2.2021, 11.2.2021, 29.2.2021 and 20.5.2021, the OPs though filled the gas, changed the motor of the said air conditioner one time, but it did not work properly and failed to give satisfactory results. All the evidence of the complainant is unrebutted as the OPs chose to remain exparte.  We have no option to allow the complaint as the complainant has fully proved his case by producing cogent, reliable and trustworthy evidence on record.

5.             In view of our above discussion, we allow the complaint and direct OPs  number 1 to 3 to replace the air conditioner  in question with the new one of same make and model or to refund  to the complainant an amount of Rs.41,500-/- being the cost of air conditioner. We further direct the complainant to return the defective air conditioner with all its accessories to the OPs number 1 to 3 at the time of receiving the payment under proper receipt. We also direct them to pay to the complainant an amount of Rs.5,000/- in lieu of consolidated amount of compensation and litigation expenses.   This order be complied with by the opposite parties number 1 to 3 within a period of 60 days from the date of receipt of certified copy of this order.

6.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

7.     A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

        Pronounced.

        November 30, 2023.